Summary: We will not investigate part of Mr X’s complaint about the conduct of a social worker because Social Work England is better placed to consider a social worker’s professional conduct and because we cannot achieve the outcome Mr X wants. We will not investigate the remainder of Mr X’s complaint about the Council’s involvement with his family because the issues will likely be considered by a court.

The complaint

1. Mr X complained about:
1. the conduct of a social worker. Mr X said the social worker acted inappropriately including using threatening language; and
2. the way the Council supported his family.
2. Mr X said the matter caused him distress. Mr X wants the Council to replace the allocated social worker.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

Conduct of the assigned social worker

10. We will not investigate Mr X’s complaint about the conduct of a social worker. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
11. We also cannot achieve the outcome Mr X desires. The Ombudsman has no power to direct the Council to change the allocated social worker. Thus, we will not investigate this complaint.

The way the Council supported Mr X’s family

12. Mr X said the social worker’s involvement with his family was unhelpful and poorly managed.
13. We will not investigate this complaint. This is because since Mr X’s complaint, the Council started court proceedings regarding his children.
14. Because the courts will now determine the most suitable arrangements for Mr X’s children by reviewing social work assessments, and because Mr X will have the opportunity to provide his view about the lack of support to the courts, we will not investigate this complaint. The issues are too closely related to the court proceedings for us to investigate separately.

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Final decision

15. We will not investigate part of Mr X’s complaint because Social Work England is better placed to consider a social worker’s professional conduct and because we cannot achieve the outcome Mr X wants. We will not investigate the remainder because the issues will likely be considered by a court.

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Investigator's decision on behalf of the Ombudsman